SENATE DOCKET, NO. 1820        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1065

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jason M. Lewis

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act strengthening local control over recreational marijuana businesses.

_______________

PETITION OF:

 

Name:

District/Address:

 

Jason M. Lewis

Fifth Middlesex

 

Joseph D. McKenna

18th Worcester

1/24/2017

Richard J. Ross

Norfolk, Bristol and Middlesex

1/25/2017

Steven Ultrino

33rd Middlesex

2/2/2017

Angelo M. Scaccia

14th Suffolk

2/1/2017

Michael F. Rush

Norfolk and Suffolk

2/3/2017


SENATE DOCKET, NO. 1820        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1065

By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1065) of Jason M. Lewis, Joseph D. McKenna, Richard J. Ross, Steven Ultrino and other members of the General Court for legislation to strengthen local control over recreational marijuana businesses.  Marijuana Policy.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act strengthening local control over recreational marijuana businesses.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 94G of the General Laws is hereby amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. Local control

(a) A municipal government may vote to prohibit the location of marijuana establishments or to prohibit certain types of marijuana establishments within the borders of the municipality by a majority vote of the governing body. Prior to any vote of the municipal government, the body shall hold not less than 1 public hearing and shall notify the residents of the municipality appropriately.

(b) A municipality may adopt ordinances and by-laws that impose reasonable safeguards on the operation of marijuana establishments that:

(1) govern the time, place and manner of marijuana establishment operations and of any business dealing in marijuana accessories;

(2) limit the number of marijuana establishments in the municipality;

(3) restrict the licensed cultivation, processing and manufacturing of marijuana that is a public nuisance;

(4) establish restrictions on public signage related to marijuana establishments; and

(5) establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this subsection, similar to a penalty imposed for violation of an ordinance or by-law relating to alcoholic beverages.

(c) The commission shall not approve an application for a license for a marijuana establishment if the license will violate the provision of any local by-law or ordinance established under subsection (b).

(d) No municipality shall prohibit the transportation of marijuana.

(e) No agreement between a municipality and a marijuana establishment shall require payment of a fee to that municipality that is not directly proportional and reasonably related to the costs imposed upon the municipality by the operation of a marijuana establishment.